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Protection of civilians in armed conflict (S/2019/373) [EN/AR/RU]

UNHCR SECRETARY GENERAL
May 2019

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The present report is submitted pursuant to the request contained in the statement by the President of the Security Council of 21 September 2018 (S/PRST/2018/18). It also responds to the Council’s requests for reporting on the protection of medical care and on conflict and food insecurity, contained in resolutions 2286 (2016) and 2417 (2018), respectively. Section II provides a summary of achievements and challenges to the United Nations work on protecting civilians over the past 20 years. Section III reviews the current state of the protection of civilians and emphasizes the enduring relevance of the protection agenda 20 years on. Section IV focuses on the central challenge of enhancing respect for the law – the first of three protection priorities identified in the report of 2017 (S/2017/414) and discussed in the report of 2018 (S/2018/462) – with a particular focus on the conduct of hostilities. Section V discusses how the Council and Member States can rise to meet this challenge and, moreover, strengthen the practical impact of the protection agenda in the years ahead.

Geneva Academy briefing on Disability and armed conflict 2019

PRIDDY, Alice
April 2019

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This publication brings attention to the devastating impact conflict has on persons with disabilities and, crucially, highlights that many of the key international humanitarian law (IHL) provisions that serve to minimize the impact of armed conflict – such as the proportionality assessment and advanced effective warnings – are not being applied in a disability inclusive manner, resulting in persons with disabilities being killed, seriously injured or left behind as families flee armed attacks.

 

Research methods included a combination of: desk research; structured interviews with persons with disabilities and their representative organizations, NGOs and humanitarian personnel; and field workshops through which feedback was sought on discrete issues. 

 

The project focused on the situation of persons with disabilities in five states experiencing different levels of armed conflict or its aftermath (the DRC, Colombia, Palestine, Ukraine and Vietnam). These states were selected because they are all States Parties to the CRPD, and they represent a diverse range of regions and cultures, differing types of conflicts (including the involvement of ANSAs), different stages of conflict or post-conflict situations, differing levels of economic development and varying levels of international assistance

Que nadie se quede atras! Primer informe nacional sobre la implementacion de los objetivos de desarrollo sostenible desde la perspectiva de la convencion sobre los derechos de las personas con despicacidad

ASOCIACION CIVIL SIN FINES DE LUCRO COMISION DE DAMAS INVIDENTES DEL PERU (CODIP)
CAMPOS SANCHEZ, Elizabeth Francisca
March 2019

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Research included a national survey (120 people), semi structured interviews, data gathering and regional workshops. Regional workshops were held in Cuzco and Arequipa in the south of the country; Chiclayo in the north, Cañete por Lima provinces; a workshop in Lima only with people with Down syndrome and another with deafblind people.

SDG 4,5,8,13,16 are particularly discussed and conclusions drawn

Zero Project Report 2019: Independent living and political participation

FEMBEK, Michael
January 2019

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The Zero Project Report 2019 focuses on Article 19 (Living independently and being included in the community) and Article 29 (Participation in political and public life) of the UN CPRD, as well as related topics such as Article 12 (Equal recognition before the law) and Article 13 (Access to justice)

For 2019 the Zero Project selected 66 Innovative Practices and 10 Innovative Policies from 41 countries that positively impact the rights of persons with disabilities in their ability to live more independently and to take part in political life

 

This Report is composed of five main sections, summarizing the annual research, followed by an Annex:

• Executive Summary, including background information on this year’s research topic and the Zero Project methodology

• Innovative Polices and Practices: Fact Sheets and Life Stories

• Description of the Zero Project–Impact Transfer programme

• Description of EU-grant-funded TOPHOUSE projects

• A summary of this Report in easy language

• An Annex listing all Zero Project network members active in 2018–2019

The Zero Project Report is also available on the Zero Project Website in an accessible pdf format.

 

Women and young persons with disabilities: Guidelines for providing rights-based and gender-responsive services to address gender-based violence and sexual and reproductive health and rights

HOLOBOFF RADFORD, Anastasia
et al
November 2018

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This publications aims to provide practical and concrete guidelines for making Gender-Based Violence (GBV) and Sexual and Reproductive Health and Rights (SRHR) services more inclusive of and accessible to women and young persons with disabilities and for targeting interventions to meet their disability-specific needs.
 
Critical services for all victims and survivors of GBV include health services (e.g. first-line support, sexual assault examination and care, mental health assessment and care), justice and policing services (e.g. assessment and investigation, perpetrator accountability and reparations, safety and protection, justice sector coordination), social services (e.g. crisis counselling; help lines; legal and rights information, advice, and representation; psychosocial support and counselling), and coordination at both the national and local level.

 

Fundamental SRHR services for women and young persons—with and without disabilities— include comprehensive sexuality education; information, goods, and services for the full range of modern contraceptive methods, including emergency contraception; maternal/newborn healthcare (including antenatal care, skilled attendance at delivery, emergency obstetric care, post-partum care, and newborn care); prevention, diagnosis, and treatment for sexual and reproductive health issues (e.g. sexually transmitted infections, including HIV, syphilis, and HPV, cancers of the reproductive system and breast cancer, and infertility); safe and accessible abortion, where it is not against the law; and post-abortion care to treat complications from unsafe abortion.

 

While the primary audience of these Guidelines is GBV and SRHR service providers and support staff, these Guidelines are also intended as a valuable resource for all stakeholders—including those in government, international organizations, and non-governmental organizations—involved in designing, developing, implementing, or advocating for GBV or SRHR services for women and young persons with disabilities. 

Shaping health systems to include people with disabilities. K4D emerging issues report

DEAN, Laura
et al
November 2018

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People with disabilities are at a heightened risk of communicable and non-communicable diseases and these diseases can cause debility and disability. Health needs of these people often extend beyond requiring continual longterm medical support to addressing broader social inequities. Key areas that are likely to be critical in re-orientating health systems from a biomedical approach towards inclusive health systems that are more responsive to the needs of people with debility and disability in low and middle-income countries (LMICs) are offered in this report and cover the following:

 

  • 1. Nothing about us without us: prioritising person-centred health systems
  • 2. Responding to issues of access in mainstreaming disability within health systems
  • 3. Ensuring the provision of specialised services
  • 4. Community based rehabilitation 
  • 5. Improving the collection and use of disability related data against modified legal and policy frameworks
  • 6. Partnerships are paramount
  • 7. Financing and social protection 

Case studies are provided from Sudan, India, Liberia, Uganda and Nigeria

Situation of persons with disabilities in Lebanon.

COMBAZ, Emilie
July 2018

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This K4D helpdesk report identifies information since 2013 concerning:

  • data on the state of persons with disabilities in Lebanon
  • assessments of laws on the rights of persons with disabilities in Lebanon
  • analyses of the political, social, cultural, and economic context for persons with disabilities in Lebanon

Issues particular to persons with disabilities amongst Syrian refugees within these aspects are identified where possible.

The state of knowledge and gaps are discussed. 

Invisible victims of sexual violence. Access to justice for women and girls with disabilities in India

HUMAN RIGHTS WATCH
April 2018

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This report is based on 17 cases of sexual violence against women and girls with disabilities in eight Indian states. It comes five years after The Criminal Law (Amendment) Act, 2013 (the 2013 amendments) were adopted in India. It follows Human Rights Watch’s November 2017 report “Everyone Blames Me”: Barriers to Justice and Support Services for Sexual Assault Survivors in India, which found that rape survivors still face significant barriers obtaining justice and critical support services because legal and other reforms have not been fully realised.

This report finds that while the 2013 amendments have made significant progress in responding to the widespread challenges that victims of sexual violence endure, they have yet to properly develop and implement support for survivors with disabilities in the form of trainings and reforms throughout the criminal justice system. It highlights gaps in enforcement and calls for concrete measures to address the needs of women and girls with disabilities seeking justice for abuse. 

Gender and disability intersectionality in practice: Women and girls with disabilities addressing discrimination and violence in Africa.

ADAMS, Lisa
et al
March 2018

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This new Making It Work report presents 9 good practices successfully addressing the prevention and response to violence and discrimination against women and girls with disabilities in Africa. It also contains key advocacy recommendations that can be used for disability and/or gender advocates in order to further promote the rights of women and girls with disabilities.

The practices were:

  • Gender-Based Violence prevention through a grassroots initiative led by women with disabilities (Rwanda)
  • Protecting urban refugee women and girls with disabilities from abuse and discrimination in Kenya
  • Advancing the access of deafblind women and girls to Sexual and Reproductive Health (Malawi)
  • Enhancing access to justice for GenderBased Violence survivors with intellectual challenges through integrated legal and psychosocial support service provision (Kenya)
  • Developing knowledge and empowerment through the Gender and Disability Inclusive Development Community of Practice (Cameroon)
  • Promoting a safer, Gender-Based Violence free environment for women and girls with disabilities in Lilongwe, Malawi
  • Restoring the dignity of women and girls with disabilities in the Plateau State of Nigeria
  • Forging a district community where women and girls with disabilities live dignified and empowered lives (Uganda)
  • Emerging Practice: Fostering peace and respect by bringing women and girls with disabilities concerns into a women’s organization (Kenya)

How law protects persons with disabilities in armed conflict

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
December 2017

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This paper identifies commonalities between international humanitarian law (IHL) and the Convention on the Rights of Persons with Disabilities (CRPD) and emphasizes certain specific contributions of IHL to the protection of persons with disabilities in armed conflict.

It is hoped that this legal analysis will contribute to current efforts by the ICRC and the International Red Cross and Red Crescent Movement, as well as other actors, to operationalise better inclusion and participation of persons with disabilities in carrying out humanitarian activities in armed conflict

Landmine Monitor 2017

INTERNATIONAL CAMPAIGN TO BAN LANDMINES – CLUSTER MUNITION COALITION (ICBL-CMC)
December 2017

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Landmine Monitor 2017 provides a global overview of the landmine situation. Chapters on developments in specific countries and other areas are available in online Country Profiles on the website.

Landmine Monitor covers mine ban policy, use, production, trade, and stockpiling in every country in the world, and also includes information on contamination, clearance, casualties, victim assistance, and support for mine action. The report focuses on calendar year 2016, with information included up to November 2017 when possible.

The Victim Assistance section covers: assessing the needs; frameworks for assistance; enhancing plans and policies; inclusion and active participation of mine victims; availability of and accessibility to services (medical care, rehabilitation including prosthetics; socioeconomic inclusion; education, pyschosocial support); guaranteeing rights in an age- and gender-sensitive manner; communicating objectives and reporting improvements; legal frameworks and new laws.

Human rights: a reality for all - Council of Europe Disability Strategy 2017-2023 (2017)

THE COUNCIL OF EUROPE
March 2017

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The overall goal of the Council of Europe Disability Strategy (2017-2023) is to achieve equality, dignity and equal opportunities for persons with disabilities in specific areas where the Council of Europe can make an input. In order to ensure independence, freedom of choice, full and active participation in all areas of life and society, the strategy highlights work and activities required in five priority areas:

1. Equality and non-discrimination

2. Awareness raising

3. Accessibility

4. Equal recognition before the law

5. Freedom from exploitation, violence and abuse

The strategy also proposes action targeting five cross-cutting themes: participation, co-operation and co-ordination, universal design and reasonable accommodation, gender equality perspective, multiple discrimination and education and training. 

A study on the equal recognition before the law - Contribution towards the Council of Europe strategy on the rights of persons with disabilities (2017)

NATIONAL UNIVERSITY OF IRELAND
March 2017

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This study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift to identifying persons with disabilities as subjects with legal rights. There are 4 parts. Firstly, the scope of the obligations contained in Article 12 is analysed. Secondly, the approaches taken by various member States of the Council of Europe to comply with Article 12 of the CPRD by way of law reform and shifts in policies and practices are surveyed. Good practice examples from member States are then provided to demonstrate approaches which show potential for fuller alignment with Article 12.  Finally, a recommended set of measures is set out to provide guidance to member States on how best to reform their legal architecture in accordance with the requirements of Article 12.

Progress Report on the implementation of the European Disability Strategy (2010-2020)

EUROPEAN COMMISSION
February 2017

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The Strategy is the main instrument to support the EU's implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Progress in all eight areas of the strategy is reported: accessibility, participation, equality, employment, education and training, social protection, health and external action. Initiatives such as the Directive on Web Accessibility, the proposal for a European Accessibility Act, the EU Disability Card project (being piloted in 8 Member States) and provisions in the Erasmus+ programme (allowing better mobility for students with disabilities) are highlighted. 

 

This report presents progress achieved in the first five years of the Strategy and assesses implementation. Many stakeholders have contributed to this work. The United Nations reviewed how the EU has been implementing its obligations under the UNCRPD3, and issued Concluding Observations with concrete recommendations for follow-up. These contain guidance on priority issues while also highlighting the steps already taken (see Annex 3). The European Parliament and the European Economic and Social Committee subsequently prepared their own reports on the implementation of the UNCRPD, while civil society organisations provided analysis and proposals (see Annex 4). The Commission also launched a public consultation to collect views from a broad range of stakeholders on the current situation of persons with disabilities and the impact of the Strategy so far, gathering more than 1,500 contributions (see Annex 1). This report also looks at the role of the supporting instruments and at the implementation of the UNCRPD within the EU institutions. Finally, it looks ahead at how the Strategy will continue to deliver on its objectives. In addition, the report includes a comprehensive and up-to-date overview of EU legal acts with an impact on disability matters (Annex 5)

 

SWD(2017) 29 final

Mental health and human rights : Report of the United Nations High Commissioner for Human Rights

OFFICE OF THE HIGH COMMISIONER FOR HUMAN RIGHTS
January 2017

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"The present report, mandated by the Human Rights Council in resolution 32/18, identifies some of the major challenges faced by users of mental health services, persons with mental health conditions and persons with psychosocial disabilities. These include stigma and discrimination, violations of economic, social and other rights and the denial of autonomy and legal capacity.

In the report, the High Commissioner recommends a number of policy shifts, which would support the full realisation of the human rights of those populations, such as the systematic inclusion of human rights in policy and the recognition of the individual’s autonomy, agency and dignity. Such changes cover measures to improve the quality of mental health service delivery, to put an end to involuntary treatment and institutionalisation and to create a legal and policy environment that is conducive to the realisation of the human rights of persons with mental health conditions and psychosocial disabilities"

A/HRC/34/32

Human Rights Council, Thirty-fourth session, 27 February-24 March 2017

Disability law and reasonable accommodation beyond employment. A legal analysis of the situation in EU Member States.

EUROPEAN COMMISSION
DIRECTOR-GENERAL FOR JUSTICE AND CONSUMERS
WADDINGTON, Lisa
BRODERICK, Andrea
POULOS, Anne
November 2016

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This report analyses the situation in the 28 EU Member States with regard to obligations to provide reasonable accommodation outside the field of employment. More specifically, the report outlines the duties contained in Member States’ laws and policies with respect to reasonable accommodation in the areas covered by the 2008 proposal of the European Commission for a directive to protect people from discrimination on the ground of disability, as well as discrimination on a number of other grounds (henceforth 2008 proposal). The 2008 proposal addresses the fields of social protection, including social security, healthcare and social housing; education; and access to, and supply of, goods and services, including housing. It seeks to prohibit six kinds of discrimination including, in the context of disability, an unjustified denial of a reasonable accommodation

DOI: 10.2838/15305

European Semester : Developing more inclusive labour markets for all?

EUROPEAN ASSOCIATION OF SERVICE PROVIDERS FOR PEOPLE WITH DISABILITIES (EASPD)
November 2016

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This report examines why the European Semester should look further into the employment rates of persons with disabilities and which measures should be taken at national level to improve the current situation. An overview is given on employment and the UN CRPD and its meaning for the European Union (EU). What the EU is currently doing when it comes to developing more inclusive labour markets through its Employment policy and the European Semester process is examined. The assessment of the legal, political and economic arguments why the European Commission should do more in regard to the employment of persons with disabilities are presented. The economic arguments are also presented through a Study developed specifically for this report by Professor Stephen Beyer. Several ideas as to how the European Commission could focus more on this issue, with feasible and pragmatic recommendations are presented. Specific national messages from EASPD members are included on what changes are needed to tackle the significant unemployment rate of persons with disabilities throughout Europe; including in Bulgaria, the Czech Republic, Finland, France, Greece, Ireland, Poland, Portugal, Slovakia and Spain.  

The Employment Equality Directive - European implementation assessment

TYMOKSKI, Jan
February 2016

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"The adoption of the Employment Equality Directive in 2000 extended the protection against discrimination provided under EU law. By explicitly obliging the Member States to prohibit discrimination in employment on the grounds of religion or belief, age, disability and sexual orientation, the general principles set out in the Treaties became more effective, and some minimum standards are now common throughout Europe. At the same time, specific exceptions with regard to all or only some of those grounds permit the continuation of certain measures that were already in place in most countries, which has led to different national practices, especially with regard to age. Additional provisions on horizontal issues such as access to justice and sanctions, dissemination of information and necessary dialogue, left the details to be established by Member States according to their laws and customs. This analysis builds on the available documents and expertise in order to facilitate the debate on the implementation of the Employment Equality Directive to date and on how best to follow it up" 

DOI: 10.2861/178997

 

EU implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD)

ANGLMAYER, Irmgard
February 2016

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"This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), looks into the state of play of the implementation by the European Union of the UN Convention on the Rights of Persons with Disabilities (UN CRPD), after the first round of the review process. The Convention's overarching principles entail mainstreaming of disability rights across all policies and within all institutions. This paper analyses the institutional arrangements required to monitor the implementation process, and subsequently puts the recommendations of the CRPD Committee ('Concluding Observations') into a broader context, outlining the progress made so far and the challenges ahead"

DOI: 10.2861/831248

Reasonable accommodation for disabled people in employment. A legal analysis of the situation in EU Member States, Iceland, Liechtenstein and Norway

FERRI, Delia
LAWSON, Anna
2016

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This report focuses on reasonable accommodation duties for disabled people in employment. It also addresses the link between reasonable accommodation and accessibility and considers other legal requirements that may be used to enhance the accessibility of workplaces. Legal developments at UN and EU level are examined, together with developments in 31 countries (the 28 EU Member States, Iceland, Liechtenstein and Norway).  This study is derived primarily from a series of country specific reports compiled by the national expert members of the European network of legal experts in gender equality and non-discrimination. Two legal instruments are used to provide the evaluative framework for this study – the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Employment Equality Directive. The meaning of ‘disability’, for purposes of the Employment Equality Directive, has been the subject of numerous Court of Justice (CJEU) decisions. Inconsistency and lack of clarity are discussed and recommendations are proposed. An annex of country specific information is provided

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